82 FR 12682 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range		12682-12683
FR Document		2017-04270

FMCSA announces its decision to renew exemptions for five individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.

Federal Register, Volume 82 Issue 42 (Monday, March 6, 2017)

[Federal Register Volume 82, Number 42 (Monday, March 6, 2017)]
[Notices]
[Pages 12682-12683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04270]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0103; FMCSA-2014-0104]


Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for five 
individuals from the hearing requirement in the Federal Motor Carrier 
Safety Regulations (FMCSRs) for interstate commercial motor vehicle 
(CMV) drivers. The exemptions enable these hard of hearing and deaf 
individuals to continue to operate CMVs in interstate commerce.

DATES: The renewed exemptions were effective on the dates stated in the 
discussions below and will expire on the dates stated in the 
discussions below. Comments must be received on or before April 5, 
2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2014-0103; FMCSA-2014-0104 
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for two years if it finds ``such exemption would likely achieve a level 
of safety that is equivalent to or greater than the level that would be 
achieved absent such exemption.'' The statute also allows the Agency to 
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding hearing 
found in 49 CFR 391.41(b)(11) states that a

[[Page 12683]]

person is physically qualified to driver a CMV if that person:

    First perceives a forced whispered voice in the better ear at 
not less than 5 feet with or without the use of a hearing aid or, if 
tested by use of an audiometric device, does not have an average 
hearing loss in the better ear greater than 40 decibels at 500 Hz, 
1,000 Hz, and 2,000 Hz with or without a hearing aid when the 
audiometric device is calibrated to American National Standard 
(formerly ASA Standard) Z24.5--1951.

    49 CFR 391.41(b)(11) was adopted in 1970, with a revision in 1971 
to allow drivers to be qualified under this standard while wearing a 
hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 
1971).
    The five individuals listed in this notice have requested renewal 
of their exemptions from the hearing standard in 49 CFR 391.41(b)(11), 
in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated 
these applications for renewal on their merits and decided to extend 
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that 
would otherwise show that any, or all, of these drivers are not 
currently achieving the statutory level of safety should immediately 
notify FMCSA. The Agency will evaluate any adverse evidence submitted 
and, if safety is being compromised or if continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315, FMCSA will take immediate steps to revoke the 
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than two years from its approval date and may be renewed upon 
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of 
the five applicants has satisfied the renewal conditions for obtaining 
an exemption from the hearing requirement (80 FR 57032; 80 FR 60747). 
In addition, for Commercial Driver's License (CDL) holders, the 
Commercial Driver's License Information System (CDLIS) and the Motor 
Carrier Management Information System (MCMIS) are searched for crash 
and violation data. For non-CDL holders, the Agency reviews the driving 
records from the State Driver's Licensing Agency (SDLA). These factors 
provide an adequate basis for predicting each driver's ability to 
continue to safely operate a CMV in interstate commerce.
    The five drivers in this notice remain in good standing with the 
Agency and have not exhibited any medical issues that would compromise 
their ability to safely operate a CMV during the previous two-year 
exemption period. FMCSA has concluded that renewing the exemptions for 
each of these applicants is likely to achieve a level of safety equal 
to that existing without the exemption. Therefore, FMCSA has decided to 
renew each exemption for a two-year period. In accordance with 49 
U.S.C. 31136(e) and 31315, each driver has received a renewed 
exemption.
    As of November 1, 2016, Kevin Beachum (MD) has satisfied the 
renewal conditions for obtaining an exemption from the hearing 
requirement in 49 CFR 391.41(b)(11), from driving CMVs in interstate 
commerce (80 FR 57032). This driver was included in FMCSA-2014-0103. 
The exemption was effective on November 1, 2016, and will expire on 
November 1, 2018.
    As of November 30, 2016, Bruce H. Dunn (LA); Scott A. Perdue (GA); 
Melvin Ross (OH); and Thomas Sneer (MN) have satisfied the renewal 
conditions for obtaining an exemption from the hearing requirement in 
49 CFR 391.41(b)(11), from driving CMVs in interstate commerce (80 FR 
60747). The drivers were included in FMCSA-2014-0104. The exemptions 
were effective on November 30, 2016, and will expire on November 30, 
2018.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must report any crashes or accidents as defined in 49 
CFR 390.5; and (2) report all citations and convictions for 
disqualifying offenses under 49 CFR part 383 and 49 CFR 391 to FMCSA. 
In addition, the driver must also have a copy of the exemption when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official. The driver is prohibited from operating a 
motorcoach or bus with passengers in interstate commerce. The exemption 
does not exempt the individual from meeting the applicable CDL testing 
requirements. Each exemption will be valid for two years unless 
rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The 
person fails to comply with the terms and conditions of the exemption; 
(2) the exemption has resulted in a lower level of safety than was 
maintained before it was granted; or (3) continuation of the exemption 
would not be consistent with the goals and objectives of 49 U.S.C. 
31136(e) and 31315.

V. Conclusion

    Based upon its evaluation of the five exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the hearing 
requirement in 49 CFR 391.41 (b)(11). In accordance with 49 U.S.C. 
31136(e) and 31315, each exemption will be valid for two years unless 
revoked earlier by FMCSA.

    Issued on: February 27, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-04270 Filed 3-3-17; 8:45 am]
 BILLING CODE 4910-EX-P

12682 Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices

As of September 23, 2016, and in years from the effective date unless 2014–0103; FMCSA–2014–0104 using
accordance with 49 U.S.C. 31136(e) and revoked earlier by FMCSA. The any of the following methods:
31315, the following 5 individuals have exemption will be revoked if the • Federal eRulemaking Portal: Go to
satisfied the conditions for obtaining a following occurs: (1) The person fails to http://www.regulations.gov. Follow the
renewed exemption from the vision comply with the terms and conditions online instructions for submitting
requirements (73 FR 46973; 73 FR of the exemption; (2) the exemption has comments.
54888; 75 FR 52063; 77 FR 52388; 79 FR resulted in a lower level of safety than • Mail: Docket Management Facility;
52388): was maintained prior to being granted; U.S. Department of Transportation, 1200
Terrence L. Benning (WI) or (3) continuation of the exemption New Jersey Avenue SE., West Building
Larry D. Curry (GA) would not be consistent with the goals Ground Floor, Room W12–140,
Kelly M. Greene (FL) and objectives of 49 U.S.C. 31136 and Washington, DC 20590–0001.
Garry R. Lomen (WA) 31315. • Hand Delivery: West Building
Thomas P. Shank (NY) Ground Floor, Room W12–140, 1200
Issued on: February 27, 2017.
New Jersey Avenue SE., Washington,
The drivers were included in Docket Larry W. Minor, DC, between 9 a.m. and 5 p.m. e.t.,
No. FMCSA–2008–0231. Their Associate Administrator for Policy. Monday through Friday, except Federal
exemptions are effective as of [FR Doc. 2017–04269 Filed 3–3–17; 8:45 am] Holidays.
September 23, 2016, and will expire on BILLING CODE 4910–EX–P • Fax: 1–202–493–2251.
September 23, 2018. Instructions: Each submission must
As of September 26, 2016, and in include the Agency name and the
accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION docket number(s) for this notice. Note
31315, the following 6 individuals have that all comments received will be
satisfied the conditions for obtaining a Federal Motor Carrier Safety posted without change to http://
renewed exemption from the vision Administration www.regulations.gov, including any
requirements (77 FR 46793; 77 FR personal information provided. Please
59245): [Docket No. FMCSA–2014–0103; FMCSA– see the Privacy Act heading below for
Bryan Brockus (ID) 2014–0104] further information.
Michael T. Dekorte (MI) Docket: For access to the docket to
Qualification of Drivers; Exemption read background documents or
Erric L. Gomersall (WI)
Applications; Hearing comments, go to http://
Larry Johnsonbaugh, Jr. (PA)
John Middleton (OH) AGENCY: Federal Motor Carrier Safety www.regulations.gov at any time or
John C. Steedley (GA) Administration (FMCSA), DOT. Room W12–140 on the ground level of
The drivers were included in Docket ACTION: Notice of renewal of the West Building, 1200 New Jersey
No. FMCSA–2012–0214. Their exemptions; request for comments. Avenue SE., Washington, DC, between 9
exemptions are effective as of a.m. and 5 p.m., Monday through
September 26, 2016, and will expire on SUMMARY: FMCSA announces its Friday, except Federal holidays. The
September 26, 2018. decision to renew exemptions for five FDMS is available 24 hours each day,
As of September 30, 2016, and in individuals from the hearing e.t., 365 days each year. If you want
accordance with 49 U.S.C. 31136(e) and requirement in the Federal Motor acknowledgment that we received your
31315, the following 10 individuals Carrier Safety Regulations (FMCSRs) for comments, please include a self-
have satisfied the conditions for interstate commercial motor vehicle addressed, stamped envelope or
obtaining a renewed exemption from the (CMV) drivers. The exemptions enable postcard or print the acknowledgement
vision requirements (63 FR 66227; 64 these hard of hearing and deaf page that appears after submitting
FR 16520; 71 FR 14567; 71 FR 30228; individuals to continue to operate CMVs comments online.
73 FR 28187; 73 FR 35195; 73 FR 35196; in interstate commerce. Privacy Act: In accordance with 5
73 FR 35197; 73 FR 35198; 73 FR 35199; DATES: The renewed exemptions were U.S.C. 553(c), DOT solicits comments
73 FR 35200; 73 FR 35201; 73 FR 38497; effective on the dates stated in the from the public to better inform its
38498; 73 FR 38499; 73 FR 48273; 73 FR discussions below and will expire on rulemaking process. DOT posts these
48275; 74 FR 37299; 74 FR 48344; 75 FR the dates stated in the discussions comments, without edit, including any
25919; 75 FR 39729; 75 FR 44051; 77 FR below. Comments must be received on personal information the commenter
40946; 77 FR 46153; 79 FR 46153): or before April 5, 2017. provides, to http://www.regulations.gov,
as described in the system of records
Ronald A. Bolyard (WV) FOR FURTHER INFORMATION CONTACT: Ms.
notice (DOT/ALL–14 FDMS), which can
David A. Coburn, Sr. (VT) Christine A. Hydock, Chief, Medical be reviewed at http://www.dot.gov/
Ronald Holshouser (MO) Programs Division, 202–366–4001, privacy.
Kelly R. Knopf, Sr. (SC) fmcsamedical@dot.gov, FMCSA,
Edward J. Kosior (NY) Department of Transportation, 1200 I. Background
Frazier A. Luckerson (GA) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Ross A. Miceli II (PA) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
Donald L. Minney (OH) Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
Philip L. Neff (PA) p.m., e.t., Monday through Friday, likely achieve a level of safety that is
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Loran J. Weiler (IA) except Federal holidays. If you have equivalent to or greater than the level
The drivers were included in Docket questions regarding viewing or that would be achieved absent such
No. FMCSA–2014–0010. Their submitting material to the docket, exemption.’’ The statute also allows the
exemptions are effective as of contact Docket Services, telephone (202) Agency to renew exemptions at the end
September 30, 2016, and will expire on 366–9826. of the two-year period.
September 30, 2018. ADDRESSES: You may submit comments The physical qualification standard
In accordance with 49 U.S.C. 31315, bearing the Federal Docket Management for drivers regarding hearing found in
each exemption will be valid for two System (FDMS) Docket No. FMCSA– 49 CFR 391.41(b)(11) states that a

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Federal Register / Vol. 82, No. 42 / Monday, March 6, 2017 / Notices 12683

person is physically qualified to driver The five drivers in this notice remain V. Conclusion
a CMV if that person: in good standing with the Agency and Based upon its evaluation of the five
First perceives a forced whispered voice in have not exhibited any medical issues exemption applications, FMCSA renews
the better ear at not less than 5 feet with or that would compromise their ability to the exemptions of the aforementioned
without the use of a hearing aid or, if tested safely operate a CMV during the drivers from the hearing requirement in
by use of an audiometric device, does not previous two-year exemption period. 49 CFR 391.41 (b)(11). In accordance
have an average hearing loss in the better ear FMCSA has concluded that renewing
greater than 40 decibels at 500 Hz, 1,000 Hz,
with 49 U.S.C. 31136(e) and 31315, each
the exemptions for each of these exemption will be valid for two years
and 2,000 Hz with or without a hearing aid applicants is likely to achieve a level of
when the audiometric device is calibrated to unless revoked earlier by FMCSA.
safety equal to that existing without the
American National Standard (formerly ASA Issued on: February 27, 2017.
Standard) Z24.5—1951.
exemption. Therefore, FMCSA has
decided to renew each exemption for a Larry W. Minor,
49 CFR 391.41(b)(11) was adopted in two-year period. In accordance with 49 Associate Administrator for Policy.
1970, with a revision in 1971 to allow U.S.C. 31136(e) and 31315, each driver [FR Doc. 2017–04270 Filed 3–3–17; 8:45 am]
drivers to be qualified under this has received a renewed exemption. BILLING CODE 4910–EX–P
standard while wearing a hearing aid, As of November 1, 2016, Kevin
35 FR 6458, 6463 (April 22, 1970) and Beachum (MD) has satisfied the renewal
36 FR 12857 (July 3, 1971). conditions for obtaining an exemption DEPARTMENT OF TRANSPORTATION
The five individuals listed in this from the hearing requirement in 49 CFR
notice have requested renewal of their 391.41(b)(11), from driving CMVs in Federal Motor Carrier Safety
exemptions from the hearing standard interstate commerce (80 FR 57032). This Administration
in 49 CFR 391.41(b)(11), in accordance driver was included in FMCSA–2014– [Docket No. FMCSA–2016–0212]
with FMCSA procedures. Accordingly, 0103. The exemption was effective on
FMCSA has evaluated these November 1, 2016, and will expire on Qualification of Drivers; Exemption
applications for renewal on their merits November 1, 2018. Applications; Vision
and decided to extend each exemption As of November 30, 2016, Bruce H.
for a renewable two-year period. Dunn (LA); Scott A. Perdue (GA); AGENCY: Federal Motor Carrier Safety
Melvin Ross (OH); and Thomas Sneer Administration (FMCSA), DOT.
II. Request for Comments ACTION: Notice of final disposition.
(MN) have satisfied the renewal
Interested parties or organizations conditions for obtaining an exemption
possessing information that would SUMMARY: FMCSA announces its
from the hearing requirement in 49 CFR
otherwise show that any, or all, of these decision to exempt 31 individuals from
391.41(b)(11), from driving CMVs in
drivers are not currently achieving the the vision requirement in the Federal
interstate commerce (80 FR 60747). The
statutory level of safety should Motor Carrier Safety Regulations
drivers were included in FMCSA–2014–
immediately notify FMCSA. The (FMCSRs). They are unable to meet the
0104. The exemptions were effective on
Agency will evaluate any adverse vision requirement in one eye for
November 30, 2016, and will expire on
evidence submitted and, if safety is various reasons. The exemptions will
November 30, 2018.
being compromised or if continuation of enable these individuals to operate
IV. Conditions and Requirements commercial motor vehicles (CMVs) in
the exemption would not be consistent
with the goals and objectives of 49 interstate commerce without meeting
The exemptions are extended subject
U.S.C. 31136(e) and 31315, FMCSA will the prescribed vision requirement in
to the following conditions: (1) Each
take immediate steps to revoke the one eye. The Agency has concluded that
driver must report any crashes or
exemption of a driver. granting these exemptions will provide
accidents as defined in 49 CFR 390.5;
a level of safety that is equivalent to or
and (2) report all citations and
III. Basis for Renewing Exemptions greater than the level of safety
convictions for disqualifying offenses
maintained without the exemptions for
Under 49 U.S.C. 31315(b)(1), an under 49 CFR part 383 and 49 CFR 391
these CMV drivers.
exemption may be granted for no longer to FMCSA. In addition, the driver must
than two years from its approval date also have a copy of the exemption when DATES: The exemptions were granted
and may be renewed upon application. driving, for presentation to a duly December 30, 2016. The exemptions
In accordance with 49 U.S.C. 31136(e) authorized Federal, State, or local expire on December 30, 2018.
and 31315, each of the five applicants enforcement official. The driver is FOR FURTHER INFORMATION CONTACT: Ms.
has satisfied the renewal conditions for prohibited from operating a motorcoach Christine A. Hydock, Chief, Medical
obtaining an exemption from the or bus with passengers in interstate Programs Division, (202) 366–4001,
hearing requirement (80 FR 57032; 80 commerce. The exemption does not fmcsamedical@dot.gov, FMCSA,
FR 60747). In addition, for Commercial exempt the individual from meeting the Department of Transportation, 1200
Driver’s License (CDL) holders, the applicable CDL testing requirements. New Jersey Avenue SE., Room W64–
Commercial Driver’s License Each exemption will be valid for two 113, Washington, DC 20590–0001.
Information System (CDLIS) and the years unless rescinded earlier by Office hours are 8:30 a.m. to 5 p.m., e.t.,
Motor Carrier Management Information FMCSA. The exemption will be Monday through Friday, except Federal
System (MCMIS) are searched for crash rescinded if: (1) The person fails to holidays. If you have questions
asabaliauskas on DSK3SPTVN1PROD with NOTICES

and violation data. For non-CDL comply with the terms and conditions regarding viewing or submitting
holders, the Agency reviews the driving of the exemption; (2) the exemption has material to the docket, contact Docket
records from the State Driver’s resulted in a lower level of safety than Services, telephone (202) 366–9826.
Licensing Agency (SDLA). These factors was maintained before it was granted; or SUPPLEMENTARY INFORMATION:
provide an adequate basis for predicting (3) continuation of the exemption would
each driver’s ability to continue to not be consistent with the goals and I. Electronic Access
safely operate a CMV in interstate objectives of 49 U.S.C. 31136(e) and You may see all the comments online
commerce. 31315. through the Federal Document

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Document Created: 2017-03-04 00:06:50
Document Modified: 2017-03-04 00:06:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		The renewed exemptions were effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 5, 2017.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 12682

82 FR 12682 - Qualification of Drivers; Exemption Applications; Hearing

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 42 (March 6, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration